S T A T E   O F   N E W   Y O R K
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                                 7060--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2009
                               ___________

Introduced  by  M. of A. CARROZZA, SCHROEDER, SCHIMEL, PHEFFER, DESTITO,
  GABRYSZAK, CHRISTENSEN, DenDEKKER, ZEBROWSKI, GUNTHER, SPANO,  SKARTA-
  DOS -- Multi-Sponsored by -- M. of A. BALL, BURLING, TOWNSEND, WEISEN-
  BERG  --  read  once  and  referred  to  the Committee on Governmental
  Employees -- recommitted to the Committee on Governmental Employees in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to prohibit public employers from diminishing the  health  insur-
  ance benefits and contributions of certain retired public employees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. On and after the effective  date  of  this  act,  a  public
employer shall be prohibited from diminishing the health insurance bene-
fits provided to retirees and their dependents or the contributions such
employer  makes  for  such  health insurance coverage below the level of
such benefits or contributions made on behalf of such retirees and their
dependents by such employer as of the effective date of this act.    For
the purpose of this act, "public employer" shall mean the following: (i)
the  state; (ii) a county, city, town or village; (iii) any governmental
entity operating a college or university; (iv) a public  improvement  or
special  district  including  police  or  fire  districts;  (v) a public
authority, commission or public benefit corporation; or (vi)  any  other
public  corporation, agency, instrumentality or unit of government which
exercises governmental power under the laws of this  state.    The  term
public  employer shall not include any school district, board of cooper-
ative educational services, vocational education and extension board  or
school district as enumerated in section 1 of chapter 566 of the laws of
1977, as amended.
  S  2.  Nothing  contained  in this act shall supersede or diminish the
terms of a collective bargaining agreement.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10383-07-0
              

A. 7060--A                          2

  S 3. Notwithstanding the provisions of section one of this act to  the
contrary,  a  public  employer  shall be prohibited from diminishing the
health insurance benefits provided to  retirees  who  retire  after  the
effective  date  of  this act from positions not subject to a collective
bargaining  agreement  and  their  dependents, or the contributions such
employer makes for such health insurance coverage, below  the  level  of
such  benefits  or  contributions  made on behalf of active employees in
such positions as of the retiree's date of retirement.
  S 4. Nothing contained in this act shall  require  a  public  employer
which  does  not provide health insurance benefits to retirees and their
dependents as of the effective date of this act to offer such benefits.
  S 5. This act shall take effect on the thirtieth day  after  it  shall
have become a law.